In Langley v. MP Spring Lake, LLC, the Georgia Court of Appeals upheld the trial court’s ruling that a residential lease contract may shorten the limitations period from the statutory two years to one year for a resident to bring a personal injury claim against their landlord. This is the first time a Georgia appellate court has enforced a contractual provision shortening the time period to bring a personal injury claim against a landlord. Generally, the shortening of a limitations period has been limited to breach of contract claims. In Langley, the resident filed suit on March 3, 2016 against her apartment complex arising out of a trip and fall in the common area of the apartment ... Continue Reading
The Strike Zone’s Over Here, Ump! A Multi-Jurisdictional Overview of Recent Coverage and Valuation Issues Arising During Appraisal
In the wake of a property loss, disputes often arise between policyholder and insurer regarding the value of the claim. The purpose of the appraisal process is to move the claim adjustment process forward even in the event of such disputes. Standard appraisal provisions provide that upon a disagreement between the insurer and the insured on the "amount of loss," either party may demand an appraisal. After such a demand is made, each party has a designated time period in which to identify an appraiser. In the wake of a property loss, disputes often arise between policyholder and insurer regarding the value of the claim. The purpose of the appraisal process is to move the claim adjustment ... Continue Reading
Married or Meretricious: A Reaffirmation of the Dependency Benefits Doctrine in Georgia Workers’ Compensation Death Claims by the Georgia Supreme Court in Reynalda Munoz Sanchez v. Allen Carter et al.
Recently, the Georgia Supreme Court was petitioned to revisit its prior ruling in Williams v. Corbett, 260 Ga. 668, 398 S.E.2d 1 (1990), on whether an unmarried partner in a meretricious relationship was eligible to receive dependency benefits pursuant to the Georgia Workers' Compensation Act when his or her unmarried partner passed away as the result of a compensable workplace accident. In its decision to not grant certiorari in Reynalda Munoz Sanchez v. Allen Carter et al., Case No. S18C0408, decided May 7, 2018, the Supreme Court of Georgia applied stare decisis and upheld the decision of the Georgia Court of Appeals in Sanchez v. Carter et al., 343 Ga. App. 187, 806 S.E.2d 638 (2017), ... Continue Reading
Spoliation Law for Workers’ Compensation Claims Handlers
Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case? Have you wondered if a claimant is destroying or hiding any evidence which would impeach the claimant's case? These questions involve the duty to preserve potentially relevant evidence. Spoliation is the intentional, or negligent, destruction of potentially relevant evidence which a party has a duty to preserve. Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case? Have you wondered if ... Continue Reading